The Star (Nairobi)

5 January 2013

Kenya: MRC Launches Fresh Bid to Stop Elections in Coast

THE Mombasa Republican Council has challenged a Mombasa High court ruling in December that struck out their application to stop the IEBC from conducting elections in Coast region.

Through petitioners Randu Nzai, Robert Charo and Omar Babu, the group has written a notice of appeal to the office of the Attorney General,IEBC and seven other respondents.

"The petitioners herein being dissatisfied with the ruling given in respect of the Notice of Motion applications to strike out dated April 17, 2012...intend to appeal against the whole of the said decision," said the MRC through lawyer Steve Kithi.

MRC has launched a last bid to stop elections in the region following a five judge bench ruling that struck out their motion in court.

A High Court ruling in December said MRC was unlawful and therefore lacked legal standing to file a motion challenging IEBC and eight other respondents in court.

The court had found that MRC was not a registered or not pursuing a process of registration and therefore lacked legal capacity to launch a legal the motion in court.

The ruling upheld an application by IEBC through lawyer Sanjiv Kagram that to hear complaints of members of an illegal and unlawful society would be tantamount to offering legitimacy to such an entity.

In the ruling, the Constitutional Court further noted that the group being an unregistered body did not have the locus standi to represent the wishes of its members.

The group was also dealt a further blow when the five judge bench interpreted an April decision by a court lifting its proscription did not mean the group was legalized.

MRC now want orders revised in a further attempt to stop elections in the Coast.

In a month long nationwide voters registration exercise, IEBC registered 1,164,083 citizens from the Coast region following a sustained civic education in MRC strongholds.

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